Ashok Sahebrao Sakrate Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Ashok Sahebrao Sakrate Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim order dated 08/04/2024 confirmed; on arrest in connection with FIR No.208/2022, the applicant to be released on a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions (attendance at the police station when called, no tampering with prosecution evidence or influencing of informant/witnesses, co-operation with investigation and trial Court proceedings); violation of conditions liable to result in cancellation.

Issue for consideration

Whether anticipatory bail should be granted to the applicant, who apprehends arrest in connection with FIR No.208/2022 (dated 19/06/2022, Manvat Police Station, District Parbhani) for offences punishable under sections 328, 272, 273, 188 of the Indian Penal Code. +1 more

Court's answer

Considering this Court's judgment in Gaurav Jayantbhai Hapani (ABA No.3406 of 2022, decided 19.01.2023) and the Hon'ble Supreme Court's order in Eknath Bhalchandra Patil (SLP (Cri.) No.8698/2023, decided 28.07.2023), wherein in identical fact situations the applicability of Section 328 IPC [123 of the Bhartiya Nyaya Sanhita] was observed to be doubtful in tobacco/Gutkha seizure cases and anticipatory bail had been granted, this Court confirmed its earlier order dated 08/04/2024 and allowed the application.

Ratio / Principle

In the event the applicant is arrested in connection with FIR No.208/2022 (dated 19/06/2022, Manvat Police Station, District Parbhani) for the offences under sections 328, 272, 273, 188 IPC, he shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, to the satisfaction of the trial Court.

Key takeaways

Conditions imposed on the anticipatory bail: the applicant shall attend the police station as and when called by the police; shall not tamper with the evidence of the prosecution in any manner and shall not influence the informant, witnesses and other persons concerned with the case; and shall co-operate with the investigation and also in the proceedings before the trial Court.ratio¶19
In the event the applicant violates any of the conditions specified in the order, the anticipatory bail shall be liable to be cancelled.ratio¶21

Detailed headnote1 paragraphs

Anticipatory Bail — Confirmation of interim order — Applicant apprehending arrest in FIR No.208/2022 (dated 19/06/2022, Manvat Police Station, District Parbhani) for offences punishable under sections 328, 272, 273, 188 IPC arising from seizure of tobacco/tobacco products including Gutkha. Considering this Court's judgment in Gaurav Jayantbhai Hapani (ABA No.3406 of 2022, decided 19.01.2023) and the Hon'ble Supreme Court's order in Eknath Bhalchandra Patil (SLP (Cri.) No.8698/2023, decided 28.07.2023), wherein in identical fact situations applicability of Section 328 IPC [123 of the Bhartiya Nyaya Sanhita] was observed to be doubtful in tobacco/Gutkha seizure cases and anticipatory bail was granted, the Court (Pedneker, J., 14.01.2025) confirmed its order dated 08/04/2024 and allowed the application: on arrest, release on PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station when called, not tampering with evidence or influencing the informant/witnesses, and co-operating with investigation and trial; violation liable to cancellation; observations confined to disposal of this application; application stands disposed of.

2025:BHC-AUG:1006

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

928 ANTICIPATORY BAIL APPLICATION NO. 564 OF 2024

Ashok Sahebrao Sakrate

VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Hange Rajendra G., Hange Anirudh R. APP for Respondents: Mr. V. S.Badakh

CORAM : ARUN R. PEDNEKER, J. Dated : January 14, 2025.

PER COURT :-

Heard learned counsel for the applicant and the learned APP for the respondent-State.

The applicant has approached this Court apprehending arrest in connection with FIR No.208/2022, dated 19/06/2022, registered with Manvat Police Station, District Parbhani, for the offences punishable under sections 328, 272, 273, 188 of the Indian Penal Code.

Considering the judgment of this Court in the case of Gaurav Jayantbhai Hapani Vs. The State of Maharashtra in Anticipatory Bail Application No.3406 of 2022, decided on 19.01.2023 and also the order passed by the Hon’ble Supreme Court in the case of Eknath Bhalchandra Patil Vs. The State of Maharashtra in Petition (s) for Special Leave to Appeal (Cri.) No. 8698/2023, decided on 28.07.2023, wherein in identical fact situation, the Hon’ble Supreme Court so also this Court in the above noted judgments has observed that applicability of Section 328 of Indian Penal Code [123 of the Bhartiya Nyaya Sanhita] is doubtful in the case of seizure of tobacco and tobacco products including

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928 ABA 564-2024

Gutkha and anticipatory bail has been granted.

In view of the above, the order passed by this Court on 08/04/2024 is confirmed. The application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.208/2022, dated 19/06/2022, registered with Manvat Police Station, District Parbhani, for the offences punishable under sections 328, 272, 273, 188 of the Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are

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928 ABA 564-2024

limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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